WVC 16 - 2 D- 10
§16-2D-10. Appeal of certificate of need decisions.
(a) A final decision of the state agency, including a state
agency decision issued after a reconsideration, if such
reconsideration was requested and granted under subsection (r),
section seven of this article, and the record upon which it was
made, shall upon request of any affected persons be reviewed by an
agency of the state (other than the state agency) designated by the
governor. To be effective, such request shall be received within
thirty days after the date the affected person received notice of
the state agency decision, and the hearing shall commence within
thirty days of receipt of the request.

(b) To the extent not inconsistent with this section, for the
purpose of administrative reviews of state agency decisions, the
review agency shall conduct its proceedings in conformance with the
West Virginia rules of civil procedure for trial courts of record
and the local rules for use in the civil courts of Kanawha County
and shall review appeals in accordance with the provisions
governing the judicial review of contested administrative cases in
section four, article five, chapter twenty-nine-a of this code,
notwithstanding the exceptions of section five, article five,
chapter twenty-nine-a of this code.

(c) The decision of the reviewing agency shall be made in
writing within forty-five days after the conclusion of such hearing.

(d) The written findings of the review agency shall be sent to
the person who requested the review, to the person proposing the
new institutional health service and to the state agency, and shall
be made available by the state agency to others upon request.

(e) The decision of the reviewing agency shall be considered
the final decision of the state agency; however, the reviewing
agency may remand the matter to the state agency for further action
or consideration.

(f) Upon the entry of a final decision by the reviewing agency
any "person adversely affected by the review" has standing in and
may within thirty days after the date such person received notice
of the decision of the review agency take an appeal at the election
of the petitioner, in either the circuit court of Kanawha County,
or in the circuit court of the county in which the petitioner or
any of the petitioners resides or does business, from any decision
of the state agency granting, with or without conditions, denying
or withdrawing a certificate of need or exemption. The decision of
the review agency shall be reviewed by such circuit court in
accordance with the provisions for the judicial review of
administrative decisions contained in section four, article five,
chapter twenty-nine-a of this code. For the purposes of this
subsection, "person adversely affected by the review" includes the state agency and any person who meets the definition of affected
person in section two of this article.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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